Missouri Revised Statutes
Chapter 245 - Levee Districts
Section 245.230 - Board may issue bonds — how funds are to be used.

Effective - 28 Aug 1939
245.230. Board may issue bonds — how funds are to be used. — 1. The board of supervisors may, if in their judgment it seems best, issue bonds not to exceed ninety-one percent of the total amount of the taxes levied under the provisions of section 245.180, in denomination of not less than one hundred dollars, bearing interest from date at a rate not to exceed six percent per annum, payable semiannually, to mature at annual intervals within twenty years, commencing after a period of years not later than five years, to be determined by the board of supervisors, both principal and interest payable at some convenient banking house or trust company's office to be named in said bonds, which said bonds shall be signed by the president of the board of supervisors, attested with the seal of said district and by the signature of the secretary of the said board.
2. All of said bonds shall be executed and delivered to the treasurer of said district, who shall sell the same in such quantities and at such dates as the board of supervisors may deem necessary to meet the payments for the works and improvements in the district. Said bonds shall not be sold for less than ninety-five cents on the dollar, with accrued interest, shall show on their face the purpose for which they are issued, and shall be payable out of money derived from the aforesaid taxes. A sufficient amount of the levee tax shall be appropriated by the board of supervisors for the purpose of paying the principal and interest of the said bonds and the same shall, when collected, be preserved in a separate fund for that purpose and no other. All bonds and coupons not paid at maturity shall bear interest at the rate of six percent per annum from maturity until paid, or until sufficient funds have been deposited at the place of payment. Any expenses incurred in paying said bonds and interest thereon and a reasonable compensation to the bank or trust company for paying same, shall be paid out of the other funds in the hands of the treasurer and collected for the purpose of meeting the expenses of administration. It shall be the duty of said board of supervisors in making the annual tax levy, as heretofore provided, to take into account the maturing bonds and interest on all bonds, and to make ample provisions in advance for the payment thereof. In case the proceeds of the original tax levy made under the provisions of section 245.180 are not sufficient to pay the principal and interest of all bonds issued, then the board of supervisors shall make such additional levy or levies as are necessary for this purpose, and under no circumstances shall any tax levies be made that will in any manner or to any extent impair the security of said bonds or the fund available for the payment of the principal and interest of the same.
3. Said treasurer shall, at the time of the receipt by him of said bonds, execute and deliver to the president of the board of supervisors of the said district, a bond with good and sufficient sureties, to be approved by the said board of supervisors conditioned that he shall account for and pay over as required by law and as ordered to do by said board of supervisors any and all money received by him on the sale of such bonds, or any of them, and that he will only sell and deliver such bonds to the purchaser or purchasers thereof under and according to the terms herein prescribed, and that he will return, duly cancelled, any and all bonds not sold to the board of supervisors, when ordered by said board so to do, which said bond shall remain in the custody of the said president of said board of supervisors, who shall produce the same for inspection or for use as evidence whenever and wherever legally requested so to do.
4. The said treasurer shall promptly report all sales of bonds to the board of supervisors, and the board shall, at the proper time, issue warrants for the payment of the maturing bonds so sold and the interest payments coming due on all bonds sold and a reasonable compensation to the bank or trust company, and the said treasurer shall place sufficient funds at the place of payment to pay the same. In case proper warrants are not issued by the board of supervisors as herein provided then the treasurer shall of his own accord place said funds at the place of payment and the cancelled bonds and coupons and the receipt of the bank or trust company shall be accepted in lieu of warrants.
5. The successor in office of any such treasurer shall not be entitled to said bonds or the proceeds thereof until he shall have complied with all the foregoing provisions applicable to his predecessor in office; provided, if it should be deemed more expedient to the board of supervisors, as to moneys derived from the sale of bonds issued, said board may by resolution, select some suitable bank or banks or other depositary, as temporary treasurer or treasurers, to hold and disburse said moneys on the orders of the board as the work progresses, until such fund is exhausted or transferred to the treasurer by order of the said board of supervisors.
6. The funds derived from the sale of said bonds or any of them shall be used for the purpose of paying the cost of the levee works and improvements and such costs, expenses, fees and salaries as may be authorized by law and used for no other purpose.
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(RSMo 1939 § 12534)
Prior revisions: 1929 § 10944; 1919 § 4638
CROSS REFERENCES:
Bond issues, proceeds and moneys for interest and sinking fund to be kept separate, 108.180 to 108.230
Refunding bonds authorized, payment of, 108.140 to 108.160

Structure Missouri Revised Statutes

Missouri Revised Statutes

Title XV - Lands, Levees, Drainage, Sewers and Public Water Supply

Chapter 245 - Levee Districts

Section 245.010 - Definitions.

Section 245.015 - Owners may form levee district, where — articles of incorporation to be filed in circuit court.

Section 245.020 - Circuit clerk to give notice by publication — form of notice — mailing required.

Section 245.025 - Objections to incorporation heard — court decree filed with secretary of state and county recorder.

Section 245.030 - Adjacent districts may consolidate — petition, hearing and decree.

Section 245.035 - Time of corporate existence may be extended.

Section 245.040 - Districts may reorganize.

Section 245.045 - Districts reorganized to receive all benefits — reorganization articles of association to be filed with circuit court.

Section 245.050 - Notice of reorganization hearing.

Section 245.055 - Procedure.

Section 245.060 - Election of board of supervisors — term of office.

Section 245.065 - Improper election of board of supervisors — court to declare vacancies — new election called.

Section 245.070 - Board of supervisors to call annual meeting and election — owners of land benefitted entitled to vote.

Section 245.075 - Supervisors to take oath.

Section 245.080 - Organization of board — to make annual report — compensation.

Section 245.085 - County clerk and treasurer to deliver records and moneys of district to secretary of board.

Section 245.090 - Secretary of board to be ex officio treasurer — board to audit books annually and publish financial statement.

Section 245.095 - Powers and duties of supervisors.

Section 245.100 - Chief engineer appointed — duties.

Section 245.105 - Chief engineer to make report — supervisors to adopt plans and supplemental plans for reclamation.

Section 245.110 - Secretary of board to file copy of plan with circuit clerk — commissioners appointed.

Section 245.115 - Organization of board of commissioners.

Section 245.120 - Commissioners to inspect district and assess benefits and damages — report to be filed.

Section 245.125 - Property owners notified of commissioners' report by publication — form of notice — mailing required.

Section 245.130 - Exceptions to commissioners' report heard and determined.

Section 245.135 - Court to declare corporation dissolved if costs exceed benefits.

Section 245.140 - Plan of reclamation may be changed — procedure.

Section 245.145 - Damages assessed must be paid before appropriating land.

Section 245.150 - Board to construct works — may let contracts for construction.

Section 245.155 - Embankments on right-of-way to be raised at expense of owner to conform to district levee.

Section 245.160 - Board to employ attorney.

Section 245.165 - Board to keep record of proceedings — open to inspection.

Section 245.170 - Board to provide for compensation of employees and fees of officers.

Section 245.175 - Board to levy tax to pay cost of organization.

Section 245.180 - Board to levy tax, when — new tax authorized, when — tax, how levied — secretary to prepare levee tax record.

Section 245.181 - Additional bonds authorized, when — meeting, votes how cast — form of notice — notice, how given.

Section 245.185 - Annual installment of tax to be levied — when due — form of certificate of tax.

Section 245.190 - Board may make additional levy of tax.

Section 245.195 - Board may levy maintenance tax — unprotected lands not taxable.

Section 245.196 - Annual benefit fee, how levied, amount.

Section 245.197 - Readjustment of benefits, when — levy of new tax for carrying out supplemental plan — notice, how given — form of notice — lists, where filed.

Section 245.198 - Tax levy, when — emergency levy of ten percent.

Section 245.199 - Additional bonds authorized when — how issued.

Section 245.200 - County collector of revenue to collect levee tax — to give bond to board of supervisors.

Section 245.205 - Secretary of board to extend and certify levee tax to collector-treasurers — duties of collector-treasurer — county collector-treasurer to collect delinquent taxes.

Section 245.210 - Levee tax delinquent December thirty-first — penalty.

Section 245.215 - Levee tax to constitute a lien — how evidenced — acquisition of lands, duty to satisfy outstanding liens, limitation.

Section 245.220 - Tax book to be prima facie evidence — suits for taxes brought in circuit court.

Section 245.225 - Suits and notices to be filed in recorder's office against last record owners.

Section 245.230 - Board may issue bonds — how funds are to be used.

Section 245.235 - Unpaid warrants to draw interest.

Section 245.240 - Surety bonds to be made payable to district.

Section 245.245 - Board to appoint inspectors — duties and powers of inspectors.

Section 245.250 - County collectors — penalty for failure to pay over tax, fee for collection of tax.

Section 245.255 - Change of venue.

Section 245.260 - Action not to abate by reason of death of party.

Section 245.265 - Appeal not to act as supersedeas.

Section 245.270 - Liability of reorganized district.

Section 245.275 - Procedure in dissolving levee district.

Section 245.280 - Sections construed — existing rights not to be affected.

Section 245.285 - Defining the term levee districts — applicable to districts now organized or which may be organized.

Section 245.290 - County commissions may establish levee districts.

Section 245.295 - Districts may be formed at regular meetings of governing body.

Section 245.300 - Notice to be given — mailing required.

Section 245.305 - Lands subject to overflow may be included in levee district.

Section 245.310 - Extending levees and levee districts.

Section 245.315 - Existing levee districts may organize under this law.

Section 245.320 - Change of organization to be submitted to an election.

Section 245.325 - Simple majority to decide election.

Section 245.330 - Effect of reorganization of old districts.

Section 245.335 - Board of directors of levees appointed by county commission.

Section 245.340 - Oath of directors.

Section 245.345 - Board to organize.

Section 245.350 - Majority of board a quorum.

Section 245.355 - Duties of president and secretary.

Section 245.360 - Pay of directors.

Section 245.365 - Board to determine what work is necessary.

Section 245.370 - Work to be let to lowest bidder.

Section 245.375 - Contractors to give bond.

Section 245.380 - Board to supervise work.

Section 245.385 - Board to secure right-of-way.

Section 245.390 - Board to act with United States agencies.

Section 245.395 - Board to publish statement of work done.

Section 245.400 - Board may change location of levee.

Section 245.405 - Levees may be used as roadbeds and roadbeds may be used as levees.

Section 245.410 - Duty of railroads, when levee passes along embankment.

Section 245.415 - Railroads to continue levee.

Section 245.420 - Landowner may continue levee to railroad grade and recover costs — notice to be given.

Section 245.430 - Private roadways to have approaches.

Section 245.445 - Board to assess levee fund tax.

Section 245.450 - Assessment of overflowed lands.

Section 245.455 - Lands to be entered on book for that purpose.

Section 245.460 - Levee assessment books returned to whom — meeting of landowners.

Section 245.465 - County board of equalization to have jurisdiction over lands.

Section 245.470 - Landowners to determine work to be done.

Section 245.475 - Board to order rate percent levee assessment — annual installment payments.

Section 245.480 - Additional taxes for enlarging and strengthening levee.

Section 245.483 - Construction or improvement of levees to protect lands in other districts — procedure — costs, how paid.

Section 245.485 - Additional tax may be ordered when costs exceed estimates.

Section 245.490 - Board may borrow money.

Section 245.495 - Board may issue warrants.

Section 245.500 - Form of warrants.

Section 245.505 - Sinking fund moneys may be invested.

Section 245.515 - County treasurer to be treasurer of board.

Section 245.520 - Compensation of engineers and other officers and employees.

Section 245.525 - Herding livestock on levee prohibited.

Section 245.530 - Penalty for failure of road overseers to keep road crossings in repair.

Section 245.540 - Commissions may appropriate swamplands.

Section 245.545 - Circuit judge to give penal sections in charge to grand jury.